[HISTORY: Adopted by the Borough Council of the Borough of
Milford 6-4-1973 by Ord. No. 191, approved 6-4-1973 (Ch.
74 of the 1979 Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
This chapter shall be known and cited as the "Noise Control
Ordinance" of Milford Borough, Pike County, Pennsylvania.
This chapter is adopted under the authority and provisions of
the Milford Borough Council ordinances.
The purpose of this chapter is to establish an effective means
of regulating and controlling loud and offensive sound and noise within
Milford Borough to:
It shall be unlawful for any person or persons to make, permit,
continue, or cause to be made or to create any unreasonably loud and/or
disturbing noise in the Borough. Noise of such character, intensity
and duration as to be detrimental to the health, safety or welfare
of any reasonable person of ordinary firmness and sensibilities in
the vicinity is prohibited.
A.
DISTURBING
UNREASONABLY LOUD
In determining whether a noise is unreasonably loud and/or disturbing,
the following definitions shall apply:
Noise which is perceived by a person of ordinary firmness
and sensibilities as interrupting the normal peace and calm of the
area, neighborhood, or vicinity.
Noise which is substantially incompatible with the time and
location where created to the extent that it creates an actual or
imminent interference with peace and good order.
B.
In determining whether a noise is unreasonably loud and/or disturbing,
the following factors incident to such noise are to be considered
based on the totality of circumstances surrounding a particular determination:
(1)
Time of day;
(2)
Proximity to residential structures;
(3)
Whether the noise is recurrent, intermittent, or constant;
(4)
Volume and intensity;
(5)
Whether the noise is enhanced in volume or range by any type of electronic
or mechanical means;
(6)
Whether the noise is related to the normal operation of a business
or other labor activity; and
(7)
Whether the noise is subject to being controlled without unreasonable
effort or expense to the creator thereof.
C.
The outdoor day-night average sound level (DNL) in decibels at the
property line shall not exceed the levels as outlined in the attached
table. In the investigation of a violation, the responding official
of the Borough shall estimate DNL using the a handheld decibel level
meter. Should the test indicate a DNL exceeding the prescribed decibels,
the officer shall notify the owner and any aggrieved party of his
findings and the potential violation. He shall also recommend appropriate
abatement measures. Should a subsequent investigation still indicate
a problem, the officer shall determine such average sound level by
taking no less than three measurements with a decibel meter, all of
which shall occur within 72 hours but no less than 15 minutes apart. An
alternative method to determine excessive noise level is to determine
if there is any audible noise at a distance of 125 feet from the property
line of the source of the sound. Any audible noise at this distance
is to be deemed a violation of the chapter and the same enforcement
procedures apply
[Amended 6-3-2019 by Ord. No. 464]
|
Land Use Category
|
Time
|
Sound Level Limit
|
|---|---|---|
|
Residential, public space, open space or institutional
|
8:00 a.m. to 8:00 p.m. Monday through Thursday
8:00 a.m. to 9:00 p.m. Friday and Saturday
11:00 a.m. to 8:00 p.m. Sundays and holidays
|
65 dBA
|
|
After 8:00 p.m. Sunday through Thursday
After 9:00 p.m. Friday and Saturday
|
50 dBA
| |
|
Commercial or business
|
8:00 a.m. to 8:00 p.m. Sunday through Thursday
8:00 a.m. to 9:00 p.m. Friday and Saturday
11:00 a.m. to 8:00 p.m. Sundays and holidays
|
70 dBA
|
|
After 8:00 p.m. Sunday through Thursday
After 9:00 p.m. Friday and Saturday
|
60 dBA
|
The following noises are exempt from this chapter:
A.
Noises of safety signals, warning devices, emergency pressure valves,
factory steam whistles and all mechanical and electronic church bells
or chimes.
B.
Noises resulting from any authorized emergency vehicle when responding
to any emergency call or acting in time of emergency.
C.
Approved special events as defined in Chapter 88 to include concerts, band concerts, block parties, church carnivals or other performances or similar activities publicly or privately sponsored and presented in any public or private space outdoors, provided that such activities do not occur between the hours of 8:00 p.m. and 8:00 a.m.
D.
Noise from lawn mowers, weed trimmers, edging machines, leaf blowers
or other similar small-engine yard maintenance equipment, properly
equipped according to manufacturer's specifications, and used between
8:00 a.m. and 8:00 p.m., with the exception of Sundays, which will
be between 11:00 a.m. and 5:00 p.m.
E.
Musical accompaniment/noise associated with any event held in recognition
of a community celebration of national, state or county events or
public festivals.
F.
Snow removal equipment.
G.
Municipal and utility services. Sounds resulting from the repair
or replacement of any municipal or utility installation in or about
the public right-of-way.
The following noises are prohibited:
A.
Noise or sounds that are substantially incompatible with the time
and location where created to the extent that it creates an actual
or imminent interference with peace or good order.
B.
Noise that is perceived by a person of ordinary and reasonable sensibilities
as interrupting the normal peace and calm of an area or neighborhood,
particularly during the hours of 8:00 p.m. and 8:00 a.m.
C.
Dogs or any other constrained animals that, by frequent or habitual
howling, yelping, barking or otherwise, cause loud noises and produce
seriously annoying disturbance to any person or to the neighborhood
for a period of 10 minutes continuously and unnecessarily, or intermittently
for a period of 30 minutes or more.
D.
Operating or permitting the operation of any automobile, motorcycle,
dirt bike, go-cart, recreational vehicle, remote control vehicle,
or other vehicle that engages in jackrabbit starts, spinning tires,
racing engines, or other operations, including, without limitation,
operating an overloaded or out of repair vehicle which creates unreasonably
loud or disturbing noise so as to disturb the comfort and repose of
any person of normal sensibilities in the vicinity.
E.
Knowingly permitting the occurrence or emanation of any of the foregoing
specifically enumerated violations of this chapter on property owned,
possessed, or used, in whole or in part, by any person or entity shall
be a violation of this chapter.
In the event any person has reasonable grounds for believing
that any provision of this chapter is being violated, he may make
a report thereof to the Milford Police Department or Zoning Code Enforcement
Officer, which shall investigate the alleged violation. If any such
investigation reveals a violation, the investigating officer has the
authority to cause a written complaint to be made and may issue a
citation for a civil penalty, and/or may obtain other enforcement
measures as allowed in this chapter.
Any individual who is found in violation of this chapter may
be subject to a civil penalty. The amount of such civil penalty shall
be assessed as described below. Each day the violation continues shall
be considered a separate offense and therefore, such continuing violation
may be subject to multiple civil penalties as described below.
A.
Compliance order.
(1)
Upon making a determination that a person is in violation of this
chapter, Milford Borough may issue a compliance order to the person
in violation of this chapter. The compliance order shall notify the
violator of the violation in writing. Such order shall identify the
circumstances giving rise to the violation, including the times, dates
and places of the violation. Such notification shall further identify
the action which is necessary to comply with this chapter. Such order
shall state that if the violator does not comply within a reasonable
time, not to exceed 15 days, the individual will be subjected to a
civil penalty. If circumstances exist such that the violator cannot
come into compliance within 15 days, Milford Borough may grant an
extension of time commensurate with the magnitude of the violation.
The compliance order shall further state that failure to comply with
the terms of the compliance order will subject the violator to a civil
penalty and shall further state the amount of said civil penalty.
(2)
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor, pay a fine of not more than $600,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
shall initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of Pike County.
A.
Effective date of chapter. This chapter shall take effect immediately
upon its adoption by the Milford Borough Council, and shall amend
and supersede the previously existing noise control regulations ordinance,
existing prior to this chapter's adoption.
B.
Severability. If any provision or provisions of this chapter shall
be deemed by a court of law having jurisdiction over such matters
to be unenforceable, invalid, or unconstitutional for any reason,
such declaration shall not affect the validity of the chapter as a
whole, or any part thereof that is not specifically declared to be.
C.
Conflict of laws or chapter provisions. Whenever the regulations
of this chapter conflict with each other, or with the requirements
of another statute, the more restrictive standard shall govern.
